HomeMy WebLinkAboutResolution 30860
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3086
A RESOLUTION GRANTING
A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D)
FILE #1711
WHEREAS, Edwin J. and Tracee Gibbs (hereinafter "the
applicants") are owners of the property located at 1135 Loma
Linda Avenue within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 20 and the. south 42.15 feet of Lot 31; also the west
three-fifths of Lot 21 and of the south 42.15 feet of the
west three-fifths of Lot 30, Loma Linda. Also that part of
the 20 foot wide Clara Avenue as dedicated in the plat of
Loma Linda which lies south of the westerly extension of the
north line of the south 42.15 feet of Lot 31, Loma Linda,
and which lies north of the westerly extension of the north
line of the south 15 feet of Lot 20, Loma Linda,
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 9
(D) to permit the construction of a detached garage to be located
completely in front of the front line of the principal structure
where accessory structures are required to be placed either equal
to or behind the front line of the principal structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1711:
2. The property is located in the LR -1B Zoning District
requiring 1 acre in area. The subject property
consists of 16,287 s.f. or 0.37 acre.
3. The Orono Planning Commission reviewed this application
on February 18, 1992, and recommended approval of the
proposed variance based upon the following findings:
A. The detached accessory structure could not be
placed beside the principal structure because of
the limited lot width.
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B.
C.
D.
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
Topographies to the rear or north of the principal
structure consist of steep slopes.
The principal structure has been placed to the
rear of the property located approximately 94'
from the street lot line.
The proposed detached garage will meet the
required street setback of 35' and will be located
55' from the street lot line.
4. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
generally to other property in this zoning district;
that granting the variance would not adversely affect
traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not
• merely serve as a convenience to the applicant, but is
necessary to alleviate a demonstrable hardship or
difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in
keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The City Council has considered this application
including the findings and recommendations of .the
Planning Commission, reports by City staff, comments by
the applicant and the effect of the variance on the
health, safety and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a variance to Municipal Zoning Code
Section 10.03, Subdivision 9 (D) to permit the construction of a
detached garage to be placed in front of the front line of the
principal structure at the required separation setback of 10',
subject to the following conditions:
1. Authorities granted by this resolution run with the
property not with the applicant, but are permissive
only and must be exercised by application for a
• building permit within one year of the date of Council
approval, or this variance will expire on that date
(March 9, 1993).
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3086
2. Violation of or non-compliance with any of the terms
and conditions of this variance shall constitute a
violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be
punishable as a misdemeanor.
3. The undersigned applicants have read, understood and
hereby agree to the terms of this resolution and on
behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the City
Minnesota at a regular meeting
1992.
City Clerk
kc,
Property Owne
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
Council of the City of Orono,
held on the 9th day of March,
Barbara A. eterson, Mayor
The foregoing instrument was acknowledged before me on
this 9th day of March, 1992, by Barbara A. Peterson & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
CAROLE A. HASEMAN
NOTARY PUBM-MINNESOTA yJ
•UAM HENNEPIN COUNTY Notary Public
MY COMMISSION EXPIRES 8.23.0
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STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
CITYof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. . 3086
On this ' day of 1)7.ireA 199 :2 -
before
before me a Notary Public within and for said county, personally
appeared C Ju.,: i T %t 7-ra6e e 10 C, -.6h 5 ' / known to me to be
the person(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
LINDA S. VEE - / /�e�
NOTARY PUBLIC - MINNESOTA v
- HENNEPIN COUNTY
My commission expires 8-12-M NOTA Y PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199, before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
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